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Arguments that are expected to be used by both sides before the U.S. Supreme Court on the health care law. At the heart of this is the 1942 decision, Wickard v. Filburn, on the limits of federal power. Mr. Filburn, was an Ohio farmer who questioned a 1938 federal law that imposed a penalty on every extra bushel of wheat on his farm beyond the stipulated amount. The decision was unanimous and went against Filburn. At issue is whether the federal government can impose a penalty on individuals for not buying health insurance. Justice Robert Jackson wrote in that case: "Even if appellee's activity be local, and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress, if it exerts a substantial economic effect on commerce." The Obama administration's argument in its brief is that the decision of individuals not to buy insurance, like that of Filburn to plant that extra bushel, has larger effects beyond the local one and serious consequences for the whole country- it raises insurance rates of people in states across the country and makes hospitals bear the burden of caring for these uninsured people. For over 50 years the Supreme Court has largely supported the idea behind the Filburn decision, except in 1995 and 2000- these two decision invalidated laws made about guns near schools and violence against women. The Court ruled that the activities were local and noncommercial and beyond the federal power to regulate interstate commerce....

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Following the WSJ Facebook Investigation and hearings in the US Senate there are calls for tough laws and regulations to prevent abuse of information technologies. Documents in the WSJ Facebook Investigation shows harm from the company's products- how the company's moderation rules favor elites, how its algorithms foster discord to increase user volume, and how drug cartels and human traffickers use its services openly, says the WSJ. One Senator calls the company "morally bankrupt." Yet Congress has known much of what is happening but failed to act to provide the legislation to regulate the new technology platforms such as Twitter, Google and Facebook, leaving them unregulated and without public oversight, leading to the idea that the US Congress itself has failed to protect young teenagers and prevent the harm resulting from such products. One Senator Ms Klobuchar says "there are lobbyists around every single corner of this building that have been hired by the tech industry. Facebook and other big tech companies are throwing a bunch of money around this town and people are listening to them." That would suggest that some of what one senator has called "morally bankrupt" also reflects back on Congress and the lobbyists, based on the WSJ Facebook Investigation. ...

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WSJ's reporters Meichtry, L, Pokharel, and Soon look at the extraordinary rise of Gautam Adani through his efforts to develop reclaimed land at Mundra port in the state of Gujarat. Adani who started with a small family owned plastics maker in Ahmedabad developed Mundra port around 2001 with the help of the Modi administration. Modi saw the electricity shortages in Gujarat as an opportunity to tackle India's chronic electricity shortages. Adani's early development of a deep water port at Mundra offered both Modi and Adani the opportunity to tackle the electricity shortages by bringing coal in large ships to Mundra in the way that China was already doing by 2005 in its own efforts at industrialization. So deeply immersed was India under the Congress Raj of licenses and closed economy that India's established business failed to see what China was doing to break into the ranks of industrialized nations. India's first prime minister Nehru had build a command economy where not much happened without government licenses and approval often riddled unwittingly with corruption. Modi needed someone outside the established companies operating under the Congress Raj command economy and with a vision of an India with abundant electricity to take the risks Chinese companies were taking to build an entirely new economy. By 2005 Guangzhou was importing coal with large ships from Indonesia and Australia. State owned companies moved slowly and would take years to develop the port capacity. Using China's example Modi pushed ahead with Adani on a rapid time delivery making Mundra a Special economic Zone and helping to connect Indian Railways to the port of Mundra for coal deliveries. Adani Enterprises built the thermal power plants near Mundra and build electricity transmission lines on a rapid mission mode giving Gujarat abundant electricity supplies and giving Gujarat state in northwestern India a great leap forward in the way China was already doing right in front of everyone's eyes by 2005 with world class ports built at Guangzhou, Shanghai, Shenzen, Hong Kong and logistics connections set with the help of Maersk.  Maersk is now doing the same for modern logistics in India in collaboration with the Modi administration.  Modi and the younger generation of aspirational youth in India see a New India that can break into the ranks of the largest industrialized nations with world class infrastructure in the way China has done, and use new technologies with innovation that will speed up the process in a way that the world has never seen. A quick look at Mundra Port in Wikipedia shows the timeline, It starts in 1998 when Adani Port Ltd was setup and Mundra port work began, 2002 the port integrated with Indian Railways, 2003 when it was made a Special Economic Zone by the Modi government in Gujarat, 2007 when IPO of 40 million shares at price band of around Rs 400 was done.  The Biden administration and the Trump administration support India's efforts to build a new modern economy with a rapid shift to renewable energy. As India is building the ports and logistics with the help of Maersk and other companies in the European Union, president Biden is working with prime minister Modi to build a new supply chain that removes the overconcentration of manufacturing and supply chain logistics in China. This means new ports with the latest technologies in India to handle shipment to the US and the EU. Jake Sullivan set out the goals for president Biden to accomplish this task in meetings with his Indian counterpart Ajit Doval this week on iCERT. President Biden and Republicans, Germany and the EU, see India as a critical part of the Initiative on Critical and Emerging Technologies, and the new supply chain. For the Adani Group the IPO pause offers an opportunity to do what Nirmala Sitharman has done in the Indian Budget this week- build a stable growth path ahead for the long term in line with India's Amrit Kal the next 25 years to centenary of freedom in 2047. Nirmala Sitharaman set a goal of rapid capital spending and investment increasing capital spending in 2023 by 33% in 2023 over 2022, yet maintaining a stable fiscal path by keeping the deficit below 6%. ...

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Darren Walker, head of the Ford Foundation retires in 2024. He describes the challenges for business leaders of what John F. Kennedy described in his Profiles of Courage about leaders in the US Congress of the last 150 years through the Civil War, the Great Depression, and two world wars.

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After denying clearances for development projects for three decades, the Indian Supreme Court green bench of Justices Gavai and Vikram Nath clears 118 development projects already delayed for 5 years for pending litigation. 118 projects were cleared, including 15 held up for 10 years, based on the "sustainable development" idea that takes a look at the bigger picture, the aspirations of youth, and the bigger possibilities for renewables and environment with a bigger economy. It shows how India which at one time in 1990 had about the same GDP as China, has today one fifth the GDP of China, and with it lacks the same scale of investment for renewable energy and climate change action that China has because of China's larger economy. In this sense the whole country of 1.2 billion Indians, including hundreds of millions of farmers and urban residents, the Supreme Court and India's institutions, have suffered more than the one lost decade the prime minister referred to in the Budget session of parliament. It is more like three decades since China pushed ahead after 1990. China having suffered from the Japanese invasion and civil war for three decades in the 1920-49 period and three decades of drift in economic direction following 1949. India faced its own period of failed governance that matches the failures in China by 1990. The SC bench stated- "The Supreme Court is flooded with applications after applications, seeking permissions to construct primary schools, public health centers, anganwadi centers, an other public utility buildings in remote areas. Himachal Pradesh is constrained to approach the Supreme Court even for seeking permission to connect villages in remote areas by roads. Needless to state, the citizens residing in the remote areas cannot be deprived of the developmental activities that are being done in other parts of the country."  The Supreme Court called it ridiculous that the states were required to rush to the Supreme Court to do the minimal developmental activities.  That the Supreme Court and other institutions have taken so long to say and do this is itself one of the reasons India has fallen behind China. It will need to accelerate its efforts, in the way that the rest of the country and the world is doing to create an environment in which development can meet the aspirations of the Indian people. Efforts for climate change action can take place at the same time with bigger investment capabilities from the larger economy and advanced technological capabilities. The two can and do go together, a point missed for far too long.  An approach even the US has grasped and is doing under president Biden. The US has gone through its own period of failed governance for four decades of neglect of manufacturing and infrastructure that president Biden talked about in his State of the Union address to the US Congress last week.  Biden now sees the problem itself as an opportunity to get it right. So can India.   ...

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Focus of questions in the U.S. Senate in July 2014 on why GM General Counsel Mike Milliken still runs GM's legal operations following the GM recall and the issues raised about the legal handling of customer complaints.

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The major provisions of the Republican House healthcare bill that passed by a vote of 217-213 are- 1. To help people buy insurance coverage the bill offers $2000 to $4000 a year, upto $14,000 a year in credits based mainly on age, reducing them for families making $150,000, individuals making $75,000. 2.  Under the Affordable Care Act insurers cannot charge older Americans more than 3 times for same coverage they offer to younger people, the new bill makes this 5 times. This would increase premiums for older Americans and reduce it for younger Americans. This is the most controversial part of the bill. Older Americans supported the Republican party in the presidential election. 3. The new bill ends Medicaid as an open ended entitlement and places this on a budget with cuts of $880 billion over 10 years. 4. To mollify conservative Republicans a provision allows state to opt out some provisions of the ACA that requires minimum benefits such as maternity care and emergency services. It retains coverage for pre-existing conditions to mollify moderate Republicans. The bill provides states with $138 billion over 10 years to subsidize premiums, provide coverage for pre-existing conditions, mental healthcare and drug addiction. 5. The bill removes the taxes imposed under the Affordable Care Act (ACA) on high income people of about $300 billion over 10 years by repealing a payroll tax increase and tax on investment income. This bill and the ACA offer 2 competing visions on healthcare, both bills passed only by a margin of 4-5 votes in the House. The ACA overlooked the impact on premiums causing discontent among middle income Americans. The new bill lets premiums rise for older Americans in order to keep premiums down for other Americans. This shows the many tradeoffs involved and choices being made, and the lack of a consensus on the issue of healthcare in the U.S., becoming a highly politicized issue instead of the way it is treated in western Europe.     ...

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A Pew Research poll shows Democratic voters now favor a bold ambitious agenda by large margins. Voters seeking compromise swung sharply going downwards from 69% to 46%. Many are calling for Medicare for All. In the Republican Party the shift is slight from 46% to 44%.

In the House the Congressional Progressive Caucus now has about 90 members. Of the 50 newly elected members who are House Democrats 20 are part of this Caucus pushing for bold action.

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This article in DW.com cites experts who point out that the Republican Party always had tensions within it because of the diverging interests of three groups that have allied together to form the party- Wealthy businessmen and corporate interests, evangelicals, and white working class people who have seen their incomes decline for several decades. The interests of each group have some overlap, are sometimes masked but frequently they diverge. Nigel Bowles, former director of the Rothermere Institute at Oxford University, says there is no particular reason that this coalition would hold together, that it was unstable to begin with, a wonder that it did not split up earlier. Scott Lucas, an expert on American Studies at the University of Birmingham, says that Reagan showed great skill in holding this coalition together, and Donald Trump has taken it apart by mobilizing only one constituency of white working class voters and leaving out others. The break between Republican party leaders Ryan, McCain, and state party leaders, with Trump is unprecedented in post war American politics, and putting it back together now looks like a lost cause in the medium term.  ...

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No country benefited more than first Japan and then South Korea till 2000, and now China till 2022 from the trade and sharing of industrial technology enabled by the American backed system of trade and industry. Walter Russell Mead says in WSJ that China has chosen to challenge the system through which it developed into an industrialized nation with the US running huge trade deficits, sharing its technology and letting Chinese manufacturing displace American local manufacturing. China is seen as challenging the system. Yet what has happened is that this process of displacing American manufacturing and industry was not sustainable anyway and continued for a decade longer than it would otherwise have lasted because American industry could not easily reverse a course it had set of setting up manufacturing in China, once that manufacturing base had already been transferred from the US to China and American companies had grown accustomed to a new state of affairs of making overseas in China. Not much thought was given to how American workers would react to that situation as companies and industries making that transfer made independent decisions. This led to the election of Trump with wins in midwestern states that had suffered from loss of manufacturing communities.  The Trump tariffs on Chinese goods and the Biden administration lining up completely behind American workers and families for the first time for Democrats has sent the signal to China that it finds the situation of China's dominance in the trade system unacceptable. The document of "China 2030" of the Chinese Government with planned dominance in key sectors and industries was met with alarm across America in all parties. The paradox of Apple as a key sector in Chinese manufacturing and the largest American company is the result of policies pursued by America without realizing the true cost of shipping manufacturing out of the country. That process is now being reversed with change of management starting at Intel Corp. and other companies to bring the manufacturing base back to the US. This policy is being resolutely pursued by the US and will speed up following the pandemic which has further demonstrated how much of a mistake the policy of sending out manufacturing in critical areas such as health could be. This is the reality behind the rhetoric and verbal exchange between China and the US. With the rapid growth of Chinese manufacturing countries such as India were put in a difficult situation  as this was preventing the local industrial base developing in India with Chinese imports in the same way as it had damaged that of the US and the EU. Worse it led to the use of US and European technology in China's defense industrial base including aviation and other sectors that threatened India's borders with repeated Chinese incursions in the Himalayas, from the Pakistan western Himalayas to Ladakh and the eastern Himalayan mountains. That situation existed long before the Trump and Biden administration and the Modi administration called for a return to America of its industrial manufacturing base and its technological leadership. Both the Bush and Obama administrations and the Indian Congress administrations failed to realize the dangers of letting the US, European and Indian industrial base wither. India is not just a country but a culture that extends from the Himalayas all the way across Bangladesh to the Indonesian islands which shares a common cultural history of Buddhism and the Vedanta. This is a region that has a population of about 2 billion people. In a larger sense the cultural history extends to  Vietnam and Japan with its Buddhist culture whose origins go back to India, and also of China itself. In the larger sense this is a population of close to 3 billion people. The economic development of this region and learning from the parliamentary traditions and scientific discoveries of the modern period since 1700 is a task for both the US, Europe and the people of the region.   ...

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President Trump announces the U.S. withdrawal from the Iran Nuclear Agreement of 2015 signed by president Obama. He calls it a bad deal and "a one sided agreement, that "didn't bring, calm, didn't bring peace, and never will." Since the signing of the agreement the conflicts in the Middle East have increased and relations between the U.S. and Iran have deteriorated under the Trump administration. During the election campaign candidate Trump and Republicans had criticized the deal and deal never gained Republican support. It was also not initially supported by France which called for stronger safeguards on nuclear weapons development. The appointment of John Bolton as National Security Adviser, and Mike Pompeo as the new Secretary of State, who were strong critics of the Iran nuclear deal also influenced president Trump. He was also influenced say aides by the success of his policy with North Korea of imposing strong bargaining pressure with tough sanctions on North Korea including Chinese sanctions, which led to the talks between North and South Korean presidents and the planned Trump meeting with Kim Jong-Un of North Korea. Iran's president Rouhani says Iran will stay with the agreement as the EU countries Germany, France plan to support the agreement. This could also leave an opening for future talks with Iran on a new peace agreement as  president Trump talked about Iranian people deserving a better deal at the end of his 11 minute announcement. As Stephens points out in a op-ed in the NYT Iran's economy needs the removal of sanctions so that focus could shift to economic development, as the lifting of sanctions have yet to result in increasing living standards and building infrastructure neglected during the sanctions years. ...

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The U.S. House of Representatives votes to repeal and replace the Affordable care Act 217-213. Moderates were won over by an addition of $8 billion  to add coverage for a popular feature of the ACA that covered people for pre-existing conditions.  The bill that passed gives credits of $2000 to $4000 a year, depending mostly on age, upto $14,000 for a family. Credits are reduced for individuals making over $75,000 a year or families making over $150,000. There is no mandated insurance coverage. This trims the federal budget deficit, yet also is expected to keep 24 million more Americans without health coverage after 10 years. The bill now goes to the Senate where moderate Republicans are worried that this may increase premiums for older people, one of the drawbacks of the earlier version of the House Republican bill.

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The UK vaccination drive gives a strong boost to business and household confidence in the economic recovery for 2021.

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 State tax shortfalls in the US were expected as consumer purchases dropped sharply in 2020 from the impact of coronavirus lockdowns. Yet this has not happened as total taxes for all states have remained essentially flat, only down less than 1% in 2020 over 2019. Widespread intervention by the US government helped households, businesses and financial markets, helping avoid the pessimistic projections. Stable employment for the more affluent households with steady jobs working from home brought in stronger tax revenues. The situation improved for most states in the second half of 2020, with roughly half the states taking in more revenue in 2020 than in 2019.  Idaho and Utah which attracted workers from the West Coast, had some of the highest tax revenue increases. The pandemic spared the high income jobs which generate most of the revenue helping to create surpluses in Colorado, Vermont, Georgia, Maine, California, Maryland and Virginia. In California a surge in initial public offerings in 2020 helped total tax revenue increase by 2.5%. Even a state like Illinois had personal tax collections higher in 2020 than 2019. This sets aside some of the fears that the pandemic caused about loss of jobs in state and local governments. With assistance from the Biden administration to state and local governments in the  $1.9 trillion aid package for 2021 this job loss could be restored to aid economic recovery. ...

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Us efforts led by Piedmont Lithium in North Carolina to build supplies for the lithium needed in electric vehicle batteries. The effort to get the first US big new lithium mine into operation is part of a broader effort to  build a US supply chain for the ultra light lithium metal that is highly conductive. In fact the modern lithium mining industry started in the rolling hills of the Piedmont region in North Carolina. At that time in the 1950's it was needed for nuclear bombs. Today China mines 10% of world's supplies. Abermarle Corp of the US based in Charlotte extracts lithium from mines in Australia and Chile which have large deposits of lithium. President Biden has signed an executive order calling for a review of supply chains for critical materials, including lithium as the US looks to build its own supply chains and become independent of supplies of metals from China. The lack of such supplies has become a strategic vulnerability for the US.  The growth of the electric vehicle industry and the efforts to reduce climate change emissions means higher demand for lithium. ...

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This interview of president Trump by Matthew Bender of the WSJ is following the release of John Bolton's book. Mr.Bolton says Mr. Trump was willing to make compromises in China policy to win reelection. Mr. Trump says Mr. Bolton's statements are not true. Mr. Bolton says in the book and in a WSJ article that Mr. Pompeo and Mr. Pence also called for Mr. Trump to censure China for its treatment of minorities in Xinjiang province. Instead he says Mr. Trump told Xi Jinping that he could go ahead with the building of camps In Xinjiang province for minorities. Mr. Trump says he signed the deal for censure of China passed by Congress because he wanted to. The reporter from WSJ say Pompeo and Pence had called for it earlier,  but that this was signed only today. Mr. Trump does say that he has changed his views on China after what he calls the Chinese plague. Mr. Bender says he is wondering if Mr. Trump thinks differently about the trade deal now. Mr. Trump says he thinks that the trade deal is a great deal but that "But ever since we got hit with the Chinese plague.I feel different about everything having to do with China." He says he is hardline on China. And he believes Bolton had no idea he could get tariffs payments by China. In his view Bolton just lacks the economic sense. Bolton is a hard liner but stupid says Trump. That he Trump is also hardliner, but with economic sense. Early on in the interview Mr. Trump says he sees a V type recovery is likely after the good jobs numbers 17.7% increase in retail sales. He also says he left a lot of tariffs in the deal, a big portion about 25%.. In any case Mr. Trump says repeatedly since the virus hit America his view his perspective has changed, a very different perspective on China, views it very differently.  Mr. Trump says he had hardly signed the deal and soon after the virus hits. So now he views the whole deal differently today, he now views the relationship with China differently. The conversation started with Mr. Trump signing about 254 nominations for new judges. He says 75% of small business is now open.  Mr Trump says his goal for a second term is to have a strong powerful economy. Mr.Bolton agrees that Mr. Trump was doing the right thing here to build a strong economy to support its policy. Only that he was making him, Pompeo, Pence and Lighthizer on trade issues, think that Trump would give in on national policy issues to China, on issues of U.S. national interest.  ...

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Efforts to bring better wages and conditions to fast food business  through a law passed by Governor Newsom in California, to bring upward mobility and integration into the mainstream of society for millions of American families and children being opposed by McDonald's and Starbucks. Current wages are $15 a week which would bring a typical fast food worker $30,000 a year for a 40 hour week for 50 weeks. The poverty level for a family of five is $32,470 on the Healthcare.gov site for the USA. Are fast food business corporations saying that children of these families should be kept forever at below the poverty level set by the American government? Why? Are they saying that labor is subordinate to capital? Are they then going to go further to say that upward mobility shall forever be denied to millions of children in these families? On what grounds? Republicans say they are the party of Lincoln. Something more- What did Lincoln fight the Civil war for? The plantation economy of the South also denied labour and children of labour the rights of upward mobility. How did Lincoln win the civil war? By speaking up for the rights of free men everywhere in a land of abundant land and new future. "This is essentially a People's contest. On the side of the Union it is a struggle for maintaining in the world, that form and substance and government, whose leading object is to elevate the condition of men- to lift artificial weights from all shoulders- to clear the path of laudable pursuit for all- to afford all, an unfettered start, and a fair chance in the race of life. Yielding to partial, and temporary departures, from necessity, this is the leading object of the government for whose existence we contend." July 4, 1861, Special Message to a special session of the US Congress. "Our adversaries have adopted some Declarations of Independence; in which unlike the old one, penned by Jefferson, they omit the words " all men are created equal."  Why? They have adopted a temporary national constitution, in the preamble of which unlike our  good old one signed by Washington, they omit "We, the People" and substitute "We, the deputies of the sovereign and independent States." Why? Why this deliberate pressing out of view, the rights of men and the authority of the people?"   ...

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Republicans have supported less regulation. After the 2009 financial crisis with faulty mortgages and excessive leveraging one would expect that there would be a shift among Republicans favoring necessary regulation of banks. This did not happen after the Obama administration failed to articulate a new culture after 2009 and lost control of Congress in 2010 by as much as 64 seats in the House 6 in the Senate, and in all demographic and income groups. The result was that the 2009 crisis changed some laws but not the culture of laissez faire that less regulation was better for the economy. It is left to president Biden to tackle this problem of culture and the Silicon Valley Bank clearly shows that the parts of the Republican and Democratic parties that support less regulation even where the regulation is essential for a good economy for workers and families, are self serving. No where is this culture of laissez fairre in its other manifestation in not planning for the US manufacturing base to be strengthened by government action more evident than in the way it has prevailed to turn a blind eye to not just sending manufacturing overseas, but over concentrating it in one country China with additional supply base from Japan into China. This is the challenge that the country faces- only if the culture or mindset changes will laws have the needed impact.  This report in the NYT shows that when president Trump appointed Randall Quarles to vice chair of banking supervision in 2017, Congressmen both Republicans and Democrats believed that less supervision was better for the economy. Democrats such as Congressmen Barney Frank were themselves part of the new culture when Frank joined Signature Bank's board in 2015, one of the banks that along with SVB bank caused the banking crisis of 2023. Its association with risky crypto assets is considered by the WSJ as being one reason the government decided to close it. Frank did not see this aspect of its risk insisting that the bank was in sound condition.  This culture is also manifested in its approach to the cost of living crisis and support for workers and families. The Biden administration sees the problem of culture and of clearly making the changes that create a new culture, and a new understanding of what is right for America, for its economy and for its role in the world, and best for its people.   ...

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US Trade Representative Lighthizer in the Report on China's Entry into WTO sees this as a mistake in the policy of president Clinton. Clinton has said that was a mistake. David Sacks raised this issue in a podcast with Larry Summers, an economist who was deputy to Robert Rubin and Deputy Treasury Secretary, then Treasury Secretary succeeding Rubin in 1999. Clinton on the advice of Rubin and Summers set up the framework for China to join the World Trade Organization without the safeguards and the setup that would prevent it using state capitalism and subisidies to build its own economy with exports, to ally with American corporations to support the outshoring of almost the entire industrial base of the US. Shocking as it sounds this has happened, had happened by 2016, when Donald Trump with the advice of USTR Lighthizer took the first steps to reverse this with Tariff policy, which was supported by president Biden, and continues in its new phase under DJT in 2025. Rubin and Summers had supported deregulation of financial markets and removal of the Glass Steagall Act by 1999. This was to led to the financial crisis of 2009 that was to be one of three body blows to the American working and middle class. The others China entering WTO without safeguards that led to deindustrializing US and loss of its manufacturing base, loss of 5 million jobs, tens of thousands of factories. And the third was the pandemic. “ . . .it seems clear that the United States erred in supporting China’s entry into the WTO on terms that have proven to be ineffective in securing China’s embrace of an open, market-oriented trade regime” 2017 USTR Report to Congress on China’s WTO ...